Mills v. USA

Filing 6

ORDER OF DISMISSAL ADOPTING REPORT AND RECOMMENDATIONS for 3 Report and Recommendations. ORDERED that the Motion to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (#2) pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice for lack of jurisdiction. A certificate of appealability is DENIED. All motions by either party not previously ruled upon are DENIED. Signed by Judge Marcia A. Crone on 8/14/2017. (daj, )

UNITED STATES DISTRICT COURT

GEARY MOHAMMED MILLS, #16878-078 §
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versus
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UNITED STATES OF AMERICA
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EASTERN DISTRICT OF TEXAS

CIVIL ACTION NO. 4:17-CV-510
CRIMINAL ACTION NO. 4:10-CR-65(08)

ORDER OF DISMISSAL
The above-entitled and numbered civil action was referred to United States Magistrate
Judge Christine A. Nowak, who issued a Report and Recommendation concluding that Movant’s
Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody pursuant to
28 U.S.C. § 2255 should be dismissed for lack of jurisdiction. Movant has filed objections.
The Report of the Magistrate Judge, which contains proposed findings of fact and
recommendations for the disposition of such action, has been presented for consideration. Having
made a de novo review of the objections raised by Movant to the Report, the Court concludes that
the findings and conclusions of the Magistrate Judge are correct and the objections of Movant are
without merit.
It is accordingly ORDERED that the Motion to Vacate, Set Aside or Correct Sentence by
a Person in Federal Custody (#2) pursuant to 28 U.S.C. § 2255 is DISMISSED without prejudice
for lack of jurisdiction. A certificate of appealability is DENIED. All motions by either party
not previously ruled upon are DENIED.
.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.

SIGNED at Beaumont, Texas, this 14th day of August, 2017.

________________________________________
MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE